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Doctrine of Colourable Re-Promulgation of Ordinances: Wadhwa's Case, AIR 1987 SC 579

By Dr. T. Venkata Subba Rao

Published In

Air 1988

The tenacious doctrine of democracy proceeds on the premise that the governors represent the microcosm of the governed and the subjects are subject to representative laws. The success of any power demarcated polity rests on the maintenance of equilibrium of constitutional instrumentalities keeping in their reasonable confines. Executive predominance or usurpation of legislative field, dwarfing the legislature and making them as vassals is an opprobrium and a democratic trauma. An instance of such an insolence is the stratagem of successive repromulgation of ordinances subverting the democratic process and hedging the constitution to serve political ends. Wadhwa’s, case represents the culmination of juristic indignation, populistic oppugnancy and judicial antagonism over such perversions. "Necessary.......to take Immediate Action"  Article 213 of the Indian Constitution confers the power on the: Governor to promulgate ordinance ....

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